What is the difference between physical and legal custody?

Physical custody and legal custody are two different types of child custody that can be established in Florida. Physical custody is the actual physical care of the child. It dictates which parent the child will live with and what the visitation rights of the other parent will be. Legal custody, on the other hand, involves the decision-making power of the parents. It focuses on who will be responsible for making decisions about the child’s education, health care, religious upbringing, and other major decisions. In some cases, one parent may be granted sole physical and legal custody of the child. This means that the parent has both the care and responsibility of the child while the other parent is granted visitation rights. However, it is more common for parents to have joint physical custody and joint legal custody. This means that both parents share responsibility in both the physical and legal aspects of the child’s life. Some courts also award “split custody”, which is when each parent is awarded physical and legal custody of a different child. This is typically only granted in rare cases and is heavily dependent on the best interests of the child. In order to modify the rights and responsibilities of physical and legal custody, parents will need to request a child custody modification case. Additionally, if a parent has lost their rights due to a criminal conviction, they may be able to petition the court to restore their rights.

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What is the difference between physical and legal custody?

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